International Law Commons^™

Query: Is There A Status Of "Unlawful Combatant", Marco Sassoli

International Law Studies

No abstract provided.

The Law Of Armed Conflict And The War On Terrorism, David E. Graham

International Law Studies

No abstract provided.

The Unique And Protected Status Of Hospital Ships Under The Law Of Armed Conflict, D.L. Grimord, G.W. Riggs

International Law Studies

No abstract provided.

Iraq And The Law Of Armed Conflict, Thomas M. Franck

International Law Studies

No abstract provided.

Table Of Contents (Volume 80)

International Law Studies

No abstract provided.

Legal And Tactical Dilemmas Inherit In Fighting Terror: Experience Of The Israeli Army In Jenin And Bethlehem (April-May 2002), Alan Baker

International Law Studies

No abstract provided.

Special Forces' Wear Of Non-Standard Uniforms, W. Hays Park

International Law Studies

No abstract provided.

Iraq's Transformation And International Law, Ruth Wedgwood

International Law Studies

No abstract provided.

Introduction (Volume 80)

International Law Studies

No abstract provided.

Rethinking Yamashita: Holding Military Leaders Accountable For Wartime Rape, Joshua H. Joseph

ExpressO

This note explores the current controversy over the proper international standard for punishing commanders whose subordinates have committed rape, and examines the interplay between the nature of rape, the underlying theories of command responsibility, and an international legal system that has failed to produce fruitful results. The note contends that the continued occurrence of rape in times of war results in large part from the international community’s reluctance to punish high-level military officials who neither physically perpetrated the crime, were not present at the crime scene, and did not necessarily order rape.

The note proposes a slight expansion of the …

The Final Balance Sheet? The International Criminal Court’S Challenges And Concessions To The Westphalian Model, Jackson N. Maogoto

ExpressO

This Article examines the organization and operating principles of the International Criminal Court. Many aspects of the Rome Statute challenge fundamental tenets of the structure of international law existing heretofore. No analysis could address all the aspects of this new international institution and the Article seeks to focus attention on some of its major features impacting on State sovereignty--the focus of this Article. The Article explores the structure and competence of the Court and in particular the powers of the prosecutor, general principles underlying the jurisdiction of the Court, the formulation of the complementarity principle in the Court’s Statute, the …

From Congo To East Timor In 40 Years: The Un Finally Crossing The Rubicon Between Peace-Keeping And Peace-Making?, Jackson N. Maogoto

ExpressO

People first, nations second. That's the new global creed that is beginning to jell at the United Nations . At the 54th Annual UN General Assembly Session in September 1999, both President Clinton and UN Secretary-General Kofi Annan made historic claims that any country's sovereignty could be violated by other nations under certain conditions occasioned by ‘deliberate, massive, organised and systematic violations of human rights’. This is in a world stage where the East Timor Crisis and the accompanying humanitarian intervention forms a vivid backdrop to the past failures of the UN in creating a nexus between international aspirations and …

People First, Nations Second: A New Role For The United Nations, Jackson N. Maogoto

ExpressO

The tragedy of East Timor coming so soon after that of Kosovo has focused attention again on the weaknesses of previous United Nations missions that have been ad hoc, reactive, and narrowly focused on solving the international emergency of the moment. The United Nations and its Members must focus on the need for timely intervention to save civilian populations from mass slaughter. It must adopt a new role as the assertive custodian of human rights because the use of its enforcement powers in the domestic affairs of rogue States may have a deterrent effect. Therefore, it should lead the way …

New Heights Of Combat—Yesterday’S Scientific Fantasies, Today’S Technological Possibilities: Weaponisation Of Outer Space, Jackson N. Maogoto

ExpressO

This Article focuses on militarization and weaponization of space. Militarization of space occurred many decades ago. The contemporary concern is weaponization of space; that is, the introduction of new futuristic weapons into the space environment. The Article argues that the quantum leaps by China’s space program (set to outpace Russia’s cash strapped program) may herald the dawn of a new Cold War and a heated arms race with the United States as China seeks to underwrite its regional pre-eminence with military might. The Article highlights the fact that the international Space Law regime now has a new game in the …

Watching The Watchdogs: Holding The Un Accountable For International Humanitarian Law Violations Of The ‘Blue Helmets’, Jackson N. Maogoto

ExpressO

The political climate is ripe for the United Nations system to successfully and effectively provide global collective security. Now that relations have improved between the ‘East’ and ‘West’ the United Nations will indeed be able to broaden its role, and perhaps operate to its full capacity - to call into being the ‘New World Order,’ characterised by a Security Council able to respond swiftly and effectively to aggression and massive human rights violations through ‘police action’. However the significant and documented international humanitarian law violations by UN forces in the 1990s has raised the stakes. Thrice in the last decade …

American Refugees And Asylum Seekers In Canada, Todd W. Zabel

ExpressO

American Soldier, Jeremy Hinzman, deserted his Iraq bound unit in 2003 and fled to Canada where he now seeks asylum with his wife and young son. The legal implications of his case are explored against the background of the American and Canadian political landscapes. The Canadian Court’s ultimate denial of his application evidences sweeping changes in Canada’s approach to International Law.

A Case For The Prosecution Of Kim Jong Il For Crimes Against Humanity, Genocide, And War Crimes , Grace M. Kang

ExpressO

This article provides a factual overview of the deplorable human rights situation in the Democratic People’s Republic of Korea (DPRK or North Korea). It shows how the International Criminal Court (ICC) could have jurisdiction over these crimes. It provides the legal framework for establishing individual criminal liability for the crimes under the ICC’s jurisdiction. It applies this framework and the legal standards for genocide, crimes against humanity, and war crimes to the facts existing in the DPRK, as provided by credible sources. It concludes that published facts indicate a reasonable basis to believe that Kim Jong Il, who controls the …

The Military Extraterritorial Jurisdiction Act And Its Implications For Private Military Companies, Dustin M. Tipling

ExpressO

Private Military Companies (PMCs) are civilian staffed corporations that provide military (and law enforcement) services, logistics, and support under contract to a government both inside and outside the country’s borders. Prior to Congress passing the Military Extraterritorial Jurisdiction Act, U.S. courts lacked jurisdiction to prosecute civilians accompanying United States’ Armed Forces overseas. This article will specifically address how the United States exercises jurisdiction and prosecutes the civilian employees of PMCs in United States courts for crimes they have committed in foreign countries while working under contract to the United States government.

International Customary Law And Articulation Theories: An Economic Analysis, Vincy Fon, Francesco Parisi

Brigham Young University International Law & Management Review

No abstract provided.

Nigerian Anti-Corrutpion Initiatives, Ijeoma I. Opara

ExpressO

No abstract provided.

The Chameleon Effect: Beyond The Bonding Hypothesis For Cross-Listed Securities, Cally Jordan

ExpressO

This paper is based on a presentation made at the New York Stock Exchange Conference on the Future of Global Equity Trading, March 12, 2004, Sarasota, FL.

Looking back, was it a momentary enthusiasm? The dramatic increase in cross-listed securities, particularly in the United States, was one of the remarkable phenomena of the 1990s capital markets. The bonding, or corporate governance, hypothesis was one of the more intriguing theories to surface to explain the phenomenon. Cross-listing, the hypothesis suggested, might be a bonding mechanism by which firms, incorporated in a jurisdiction with “weak protection” of minority shareholder rights or poor …

The World Bank And The Ideology Of Reform In International Development Discourse, Joel M. Ngugi

ExpressO

Does the current development reform agenda, especially the one operationalized by the World Bank, is Ideological? If so, does it matter? These are the two questions that animate this article. In answering both questions in the affirmative, the article first demonstrates how the current development reform agenda is Ideological. It then discusses why and how it matters that the development reform agenda is Ideological. First, the article argues that Ideological rendering of the development reform agenda effectively weakens the ability of Third World countries to articulate their economic and foreign policies in ways that would benefit their citizenry the most. …

Adalah Legal Center For Arab Minority Rights In Israel V. Minister Of Interior, Aharon Barak, Mishael Cheshin, Dorit Beinisch, Salim Joubran, Esther Hayut, Ayala Procaccia, Asher Grunis, Miriam Naor, Yonatan Adiel, Edmond E. Levy

Translated Opinions

Facts: Since September 2000, Palestinians have mounted a barrage of terror attacks on the State of Israel and its citizens and residents. The intensity of these attacks led the government to adopt various measures to protect the security and safety of Israeli citizens and residents. Because some of the terror attacks were perpetrated with the assistance of persons who were originally Palestinians living in the occupied territories and had received permission to live in Israel within the framework of family reunifications, the government decided in 2002 to stop giving permits to Palestinians from the occupied territories to live in Israel. …

Understanding The Policy Support Instrument Of The Imf , Adebukola A. Eleso

ExpressO

The plethora of acronyms in the IMF has a new addition- the ‘PSI’. On October 17, 2005, the International Monetary Fund (IMF) approved Nigeria’s request for a Policy Support Instrument (PSI), thereby documenting Nigeria as the first user of the new IMF program. Following the approval of the PSI, Nigeria signed an agreement with its Paris Club creditors on October 20 2005 under which approximately 60% of its $30bn debt was written off on Naples terms, with the remainder to be paid back in two tranches over 6 months. Obtaining approval for its economic reform program through the Policy Support …

Non Bis In Idem And The International Criminal Court, Reynaud Neil Daniels

ExpressO

Non bis in idem, or the double jeopardy principle, is a fundamental element of fairness in criminal procedure. At its core, it prohibits the state from repeatedly prosecuting, and punishing, individuals for the same offence. The Rome Statute contains the principle but affords little protection against harassment by contracting parties.

Sovereignty Of Aves Island: An Argument Against Standardized, Compulsory Arbitration, Michael S. Garrison

ExpressO

States engaging in preemptive dispute resolution frequently call upon adjudicative or diplomatic means to resolve territorial boundary disputes and comply with international law. In light of reduced efficacy of such dispute resolution mechanisms, however, some propose that all states should engage in compulsory, standardized arbitration subject to International Court of Justice (“I.C.J.”) review to resolve their boundary disputes. Although arbitration is an effective method of international dispute resolution in certain cases, standardized arbitration will not effectively resolve all boundary disputes between neighbor states.

This Comment argues against the proposition that the United Nations (“U.N.”) implement a standardized arbitration mechanism and …

May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao

CAO General 1999-Present

No abstract provided.

Toward An International Standard Of Abortion Rights: Empirical Data From Africa, Chad M. Gerson

ExpressO

In the Fall of 2005 I published a brief Development in the Chicago Journal of International Law concerning the prospects for establishing the right to obtain an abortion as a fundamental human right. See 5 Chi. J. Int’l L. 753. In that article I argued that the right to choose and access to abortion services would greatly improve the health and status of women and children in the developing world.

In this article, I follow up with empirical data regarding the status of abortion rights in African countries. These data are compared to maternal and infant mortality and contraceptive use. …

People First, Nations Second: A New Role For The Un As An Assertive Human Rights Custodian, Jackson N. Maogoto

ExpressO

The tragedy of East Timor in 2000 coming so soon after that of Kosovo focused attention on the weaknesses of previous United Nations missions that have been ad hoc, reactive, and narrowly focused on solving the international emergency of the moment. The United Nations and its Members need to focus on the need for timely intervention to save civilian populations from mass slaughter. It must adopt a new role as the assertive custodian of human rights because the use of its enforcement powers in the domestic affairs of rogue States may have a deterrent effect. Therefore, it should lead the …

Presiding Over The Ex-President: A Look At Superior Responsibility In Light Of The Kosovo Indictment , Jackson N. Maogoto

ExpressO

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …